Section 4, Article II of the Constitution provides that the prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service.

Section 38, Article VII, Republic Act 7077 - Reserve Officers Training Corps (ROTC) states that, " Military training for students enrolled in colleges, universities and similar institutions of learning is mandatory pursuant to the provisions of the National Defense Act of 1935 and the 1987 Constitution."

Section 39, Article VII, Republic Act 7077 - Establishment of ROTC Units in Schools states that, " At such colleges, universities and similar institutions of learning that request for the conduct of military training in their institutions, there shall be established and maintained Reserve Officers Training Corps units as the Secretary of National Defense may approve, which shall conduct military training for the students of such institutions for the purpose of producing enlisted and officer reservists. The program of instruction shall be prescribed by the Secretary of National Defense and may include instruction to prepare female students for military service. Provided, that such course of instruction shall not exceed two (2) academic years in the case of enlisted reservists, and four (4) academic years in case of officer reservists which shall include as necessary summer or probationary training of not more than sixty (60) consecutive days. The first two (2) years of ROTC training, which is mandatory, shall hereafter be referred to as Basic ROTC while the second two (2) years said Basic ROTC, which is voluntary, shall hereafter be referred to as Advance ROTC. The allocation of ROTC units to the various major service of the AFP shall conform to the projected manpower needs of their respective reserve components."

Section 15 of Batas Pambansa Bilang 232 provides that it is the duty and responsibility of students to participate actively in civic affairs and be involved in the promotion of the general welfare of the people particularly in the social, economic and cultural development of his community and in the attainment of a just, compassionate and orderly society.

SOURCE: Cadet's Manual

Legal Basis for Optional ROTC

PD 1706 PROVIDING FOR COMPULSORY NATIONAL SERVICE FOR FILIPINO CITIZENS AND AMENDING CERTAIN SECTIONS OF COMMONWEALTH ACT NUMBER ONE, AS AMENDED, OTHERWISE KNOWN AS "THE NATIONAL DEFENSE ACT" FOR THE PURPOSE.SB 1824 which seeks to make the Reserve Officers Training Corps (ROTC) an optional subject for male college students.

Legal Basis of NSTP

House Bill No. 3593 entitled:"AN ACT ESTABLISHING THE NATIONAL SERVICE TRAINING PROGRAM (NSTP) FOR ALL HIGHER AND TECHNICAL/VOCATIONAL INSTITUTIONS" "AN ACT ESTABLISHING THE NATIONAL SERVICE TRAINING PROGRAM (NSTP) FOR ALL HIGHER EDUCATION INSTITUTIONS."

Republic Act No. 9163An act establishing the National Service Training Program (NSTP) for tertiary level students, amending for the purpose, Republic Act No. 7077 and Presidential Decree No. 1706, and for other purposes.